REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT CHUKA CHUKA ELC PETITION CASE NO. 04 OF 2018 BARUA GITUMA...................................................1ST PETITIONER GERRAD NJAGI MATUMO................................2ND PETITIONER JOSEPH MUTUGI KAMWARA..........................3RD PETITIONER DELYINO MPANDA KATHENYA......................4TH PETITIONER MISHECK MITUGO KAMWARA......................5TH PETITIONER M’KUNGANIA MURAUKO................................6TH PETITIONER MBAE MUCHEGE................................................7TH PETITIONER AND THE NATIONAL LAND COMMISSION.........1ST RESPONDENT THE CABINET SECRETARY, MINISTRY OF LANDS AND PHYSICAL PLANNING............2ND RESPONDENT THE DISTRICT LAND ADJUDICATION OFFICER, THARAKA NITHI COUNTY.............................3RD RESPONDENT THE HON. ATTORNEY GENERAL................4TH RESPONDENT RULING 1. An issue arose concerning the serial non-attendance of the 1st Respondent, the National Land Commission. Mr. Mwiti, the petitioners’ advocate reiterated that they had always served the National Land Commission. Mr. Kiongo, Senior State Counsel, for the Attorney General felt that the National Land Commission was an important prayer in this suit. 2. I agree that the National Land Commission should be given a last chance to give its side of this case. 3. In the circumstances, it is ordered that the orders issued by the court today be served upon the National Land Commission within 10 days of today. The orders are:
page 1 of 2
a) The petitioners to serve the orders issued by the court today upon the 1 st Respondent, the National Land Commission, within the next 10 days. b) All respondents and the Interested Parties granted 30 days to file and exchange their submissions. c) All submissions to be filed in both hard and soft copies. d) By consent, directions to confirm compliance and to fix a date for judgment on 6th May, 2019. Delivered in open Court at Chuka this 8th day of April, 2019 in the presence of: CA: Ndegwa Jessie Mwiti for the Petitioners Kinoti Kirera for the Petitioners Kirimi Gituma for the Petitioners J. M. Kiongo for the 2nd to 4th Respondents Kaimenyi Kithinji for the Interested Parties P. M. NJOROGE, JUDGE.
page 2 of 2